[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Notices]
[Pages 44320-44322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16100]
[[Page 44320]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-HQ-ES-2016-0069; FF09E15000-FXHC112509CBRA1-167]
John H. Chafee Coastal Barrier Resources System; Bay and Gulf
Counties, FL; Middlesex and Monmouth Counties, NJ; Availability of
Draft Maps and Request for Comments
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of six John H. Chafee Coastal Barrier Resources System
(CBRS) draft revised maps for public review and comment. The draft
maps, all dated May 16, 2016, are for four existing CBRS units located
in Bay and Gulf Counties, Florida, and for three existing units and
three proposed new units located in Middlesex and Monmouth Counties,
New Jersey.
DATES: To ensure consideration, we must receive your written comments
by August 22, 2016.
ADDRESSES: You may submit written comments by one of the following
methods:
Electronically: Go to the Federal e-Rulemaking Portal:
http://www.regulations.gov. In the Search box, enter FWS-HQ-ES-2016-
0069, which is the docket number for this notice. Then, on the left
side of the screen, under the Document Type heading, click on the
Notices link to locate this document and submit a comment.
By hard copy: Submit by U.S. mail or hand-delivery to:
Public Comments Processing, Attn: Docket No. FWS-HQ-ES-2016-0069;
Division of Policy, Performance, and Management Programs; U.S. Fish and
Wildlife Service; 5275 Leesburg Pike, MS: BPHC; Falls Church, VA 22041-
3808.
We request that you send comments by only the methods described
above. We will post all information received on http://www.regulations.gov. If you provide personal identifying information in
your comment, you may request at the top of your document that we
withhold this information from public review. However, we cannot
guarantee that we will be able to do so.
FOR FURTHER INFORMATION CONTACT: Katie Niemi, Coastal Barriers
Coordinator, (703) 358-2071 (telephone); or CBRA@fws.gov (email).
SUPPLEMENTARY INFORMATION:
Background
Coastal barriers are typically elongated, narrow landforms located
at the interface of land and sea, and are inherently dynamic
ecosystems. Coastal barriers provide important habitat for fish and
wildlife, and serve as the mainland's first line of defense against the
impacts of severe storms. With the passage of the Coastal Barrier
Resources Act (CBRA) in 1982 (Pub. L. 97-348), Congress recognized that
certain actions and programs of the Federal Government have
historically subsidized and encouraged development on coastal barriers,
where severe storms are much more likely to occur, and the result has
been the loss of natural resources; threats to human life, health, and
property; and the expenditure of millions of tax dollars each year.
The CBRA established the CBRS, which comprised 186 geographic units
encompassing approximately 453,000 acres of undeveloped lands and
associated aquatic habitat along the Atlantic and Gulf of Mexico
coasts. The CBRS was expanded by the Coastal Barrier Improvement Act of
1990 (Pub. L. 101-591) to include additional areas along the Atlantic
and Gulf of Mexico coasts, as well as areas along the coasts of the
Great Lakes, the U.S. Virgin Islands, and Puerto Rico. The CBRS now
comprises a total of 859 geographic units, encompassing approximately
3.3 million acres of relatively undeveloped coastal barrier lands and
associated aquatic habitat. These areas are depicted on a series of
maps entitled ``John H. Chafee Coastal Barrier Resources System.''
Most new Federal expenditures and financial assistance that would
have the effect of encouraging development are prohibited within the
CBRS. However, development can still occur within the CBRS, provided
that private developers or other non-Federal parties bear the full
cost, rather than the American taxpayers.
The CBRS includes two types of units, System Units and Otherwise
Protected Areas (OPAs). System Units generally comprise private lands
that were relatively undeveloped at the time of their designation
within the CBRS. Most new Federal expenditures and financial
assistance, including Federal flood insurance, are prohibited within
System Units. OPAs generally comprise lands established under Federal,
State, or local law or held by a qualified organization primarily for
wildlife refuge, sanctuary, recreational, or natural resource
conservation purposes. OPAs are denoted with a ``P'' at the end of the
unit number. The only Federal spending prohibition within OPAs is the
prohibition on Federal flood insurance.
The Secretary of the Interior (Secretary), through the Service, is
responsible for administering the CBRA, which includes maintaining the
official maps of the CBRS, consulting with Federal agencies that
propose to spend funds within the CBRS, preparing updated maps of the
CBRS, and making recommendations to Congress regarding changes to the
CBRS. Aside from three minor exceptions, only Congress--through new
legislation--can modify the maps of the CBRS to add or remove land.
These exceptions, which allow the Secretary to make limited
modifications to the CBRS (16 U.S.C. 3503(c)-(e)), are for: (1) Changes
that have occurred to the CBRS as a result of natural forces, (2)
voluntary additions to the CBRS by property owners, and (3) additions
of excess Federal property to the CBRS.
The Service receives numerous requests from property owners and
other interested parties who seek to remove areas from the CBRS. When
assessing whether a proposed change to remove an area from the CBRS
constitutes an appropriate technical correction, we consider whether
the original intent of the boundaries is reflected on the maps (i.e.,
whether the lines on the maps appropriately follow the features they
were intended to follow on the ground). We also consider the level of
development that was on the ground when the area was originally
included in the CBRS by Congress.
The Service generally does not recommend removals from the CBRS,
unless there is clear and compelling evidence that a mapping error was
made. In cases where mapping errors are found, the Service supports
changes to the maps and works with Congress and other interested
parties to create comprehensively revised maps using modern digital
technology.
Mapping Protocol for the Protection of Existing Critical Facilities
Through this notice, we are developing a new CBRS mapping protocol
for critical facilities located within and immediately adjacent to the
CBRS. Under certain limited circumstances, the Service may consider
mapping a CBRS area to allow for the protection of existing critical
facilities (e.g., sewage treatment facilities, nuclear facilities, and
hospitals) that primarily serve areas located outside of the CBRS. In
such cases, the following criteria must be met: (1) The protection of
the facility must be consistent with the three purposes of the CBRA: To
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minimize the loss of human life, wasteful expenditure of Federal
revenues, and damage to the fish, wildlife, and other natural resources
associated with coastal barriers; (2) the protection of the facility
should not encourage new development within the CBRS (e.g., a levee
protecting a facility should not also unnecessarily protect an
undeveloped area within the CBRS or an area within the CBRS that
developed after the unit was established); and (3) and there must be no
reasonable alternative to protect the facility (e.g., nonstructural
floodproofing, buyouts to allow for construction of levees and flood
walls outside of the CBRS, alternative project design that does not
infringe upon the CBRS, etc.). For the purpose of this protocol, the
Service defines ``existing'' as being on-the-ground as of the date the
area was added to the CBRS, and ``critical facility'' as a structure or
other improvement that, because of its function, would likely cause
catastrophic human health and safety impacts if it is destroyed or
damaged or if its functionality is impaired. For the purposes of this
protocol, a critical facility does not include other infrastructure
(e.g., roads, bridges, electric lines, etc.) that is commonly included
within the CBRS.
The Service has developed this new protocol for critical facilities
to allow for the protection of the Bayshore Regional Sewerage Authority
(BRSA) Wastewater Treatment Facility in Monmouth County, New Jersey
(see Proposed Map Modifications section below). In cases where the
Service recommends the removal of an area from the CBRS in accordance
with this protocol, the change will become effective only if the
updated map is adopted through legislation enacted by Congress.
Proposed Map Modifications
The Service has prepared six comprehensively revised draft maps
dated May 16, 2016, that propose modifications to the CBRS in Florida
and New Jersey. Below is a summary of the changes depicted on the draft
maps.
Bay County, Florida
The Service has prepared three draft maps for St. Andrew Complex
P31/P31P located in Bay County, Florida. The draft maps for Units P31
and P31P remove approximately 125 acres from the CBRS (98 acres of
fastland and 27 acres of associated aquatic habitat) and add
approximately 1,582 acres to the CBRS (131 acres of fastland and 1,451
acres of associated aquatic habitat). The draft maps remove areas (some
of which were inappropriately included within the CBRS in the past) and
add areas that meet the CBRA criteria for inclusion within the CBRS (16
U.S.C. 3503(g)(1)). The draft maps also reclassify certain areas from
System Unit to OPA, and vice versa.
Gulf County, Florida
The Service has prepared two draft maps for Cape San Blas Unit P30/
P30P located in Gulf County, Florida. The draft maps for Unit P30/P30P
remove approximately 65 acres from the CBRS (52 acres of fastland and
13 acres of associated aquatic habitat) and add approximately 642 acres
to the CBRS (61 acres of fastland and 581 acres of associated aquatic
habitat). The draft maps remove areas that were inappropriately
included within the CBRS in the past and add areas that meet the CBRA
criteria for inclusion within the CBRS (16 U.S.C. 3503(g)(1)). The
draft maps also reclassify certain areas from System Unit to OPA, and
vice versa.
Middlesex and Monmouth Counties, New Jersey
The Service has prepared a draft map for Seidler Beach Unit NJ-02,
Cliffwood Beach Unit NJ-03P, and Conaskonk Point Unit NJ-04, located in
Middlesex and Monmouth Counties, New Jersey. The draft map also
includes three proposed new OPAs, Seidler Beach Unit NJ-02P, Sayreville
Unit NJ-15P, and Matawan Point Unit NJ-16P, which are within the
vicinity of the existing units. The draft map for Units NJ-02/NJ-02P,
NJ-03P, NJ-04, NJ-15P, and NJ-16P, removes approximately 21 acres from
the CBRS (15 acres of fastland and 6 acres of associated aquatic
habitat) and adds approximately 393 acres to the CBRS (116 acres of
fastland and 277 acres of associated aquatic habitat). The draft map
removes areas that were inappropriately included within the CBRS in the
past. Additionally, a strip of wetlands along the northeastern side of
the BRSA facility is removed to allow for the U.S. Army Corps of
Engineers to construct a planned levee to protect a wastewater
treatment facility from future storm damage. This proposed removal is
in accordance with the protocol described in the Mapping Protocol for
the Protection of Existing Critical Facilities section above. The draft
map also adds areas that meet the CBRA criteria for inclusion within
the CBRS (16 U.S.C. 3503(g)(1) and reclassifies an area from System
Unit to OPA.
Proposed Additions to the CBRS
The draft maps for Units P30/P30P, P31/P31P, NJ-02/NJ-02P, NJ-03P,
NJ-04, NJ-15P, and NJ-16P propose additions to the CBRS, including the
creation of three new units that are consistent with a directive in
Section 4 of Public Law 109-226 concerning recommendations for
expansion of the CBRS. The proposed boundaries depicted on the draft
maps for Florida and New Jersey are based upon the best data available
to the Service at the time the draft maps were created. Our assessment
indicated that any new areas proposed for addition to the CBRS were
relatively undeveloped at the time the draft maps were created.
Section 2 of Public Law 106-514 requires that we consider the
following criteria when assessing the development status of a potential
addition to the CBRS: (1) Whether the density of development is less
than one structure per five acres of land above mean high tide (which
generally suggests eligibility for inclusion within the CBRS); and (2)
whether there is existing infrastructure consisting of: A road, with a
reinforced road bed, to each lot or building site in the area; a
wastewater disposal system sufficient to serve each lot or building
site in the area; electric service for each lot or building site in the
area; and a fresh water supply for each lot or building site in the
area (which generally suggests ineligibility for inclusion within the
CBRS).
If, upon review of the draft maps, interested parties find that any
areas proposed for addition to the CBRS are currently developed
(according to the criteria established by Section 2 of Public Law 106-
514), they may submit supporting documentation of such development to
the Service during this public comment period. For any areas proposed
for addition to the CBRS on the draft maps, we will consider the
density of development and level of infrastructure on the ground as of
the close of the comment period on the date listed in the DATES
section.
Request for Comments
Section 4 of Public Law 109-226 requires the Secretary to provide
an opportunity for the submission of public comments. We invite the
public to review and comment on the draft maps dated May 16, 2016, for
CBRS Units P30/P30P, P31/P31P, NJ-02/NJ-02P, NJ-03P, NJ-04, NJ-15P, and
NJ-16P. The Service is specifically notifying the following
stakeholders concerning the availability of the draft revised maps: The
Chair and Ranking Member of the House of Representatives Committee on
Natural Resources; the Chair and Ranking Member of the Senate Committee
on Environment and Public Works; the members of the Senate and House of
Representatives for the
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affected areas; the Governors of Florida and New Jersey; other
appropriate Federal, State, and local officials; and nongovernmental
organizations.
Interested parties may submit written comments and accompanying
data through http://www.regulations.gov, as described in the ADDRESSES
section. The Service will also accept digital Geographic Information
System (GIS) data files that are accompanied by written comments.
Comments regarding specific CBRS unit(s) should reference the
appropriate unit number(s) and unit name(s). We must receive comments
on or before the date listed in the DATES section.
Following the close of the comment period, we will review all
comments received on the draft maps and we will make adjustments to the
draft maps, as appropriate, based on information received through
public comments, updated aerial imagery, CBRA criteria, and objective
mapping protocols. We will then prepare final recommended maps to be
submitted to Congress. The final recommended maps will become effective
only if they are adopted by Congress through legislation.
Availability of Draft Maps and Related Information
The draft maps, unit summaries (containing historical changes and
more detailed information regarding proposed changes to the units), and
digital boundary data can be accessed and downloaded from the Service's
Web site at: http://www.fws.gov/ecological-services/habitat-conservation/coastal.html, or via www.regulations.gov, where public
comments should be submitted. The digital boundary data are available
for reference purposes only. The digital boundaries are best viewed
using the base imagery to which the boundaries were drawn; this
information is printed in the title block of the draft maps. The
Service is not responsible for any misuse or misinterpretation of the
digital boundary data.
Interested parties may also contact the Service individual
identified in the FOR FURTHER INFORMATION CONTACT section to make
arrangements to view the draft maps at the Service's Headquarters
office. Interested parties who are unable to access the draft maps via
the Service's Web site or Headquarters office may contact the
individual identified in the FOR FURTHER INFORMATION CONTACT section,
and reasonable accommodations will be made.
Gary Frazer,
Assistant Director for Ecological Services.
[FR Doc. 2016-16100 Filed 7-6-16; 8:45 am]
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